News & Analysis as of

Remediation Site Remediation

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

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Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

BCLP

PFAS Update: State Soil Concentration Regulations - July 2023

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In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more

MG+M The Law Firm

Northern Michigan Researchers Discover Effective Use of Hemp Plants in PFAS Remediation

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Per- and polyfluoroalkyl (PFAS) pollution has presented challenges to companies, governments and landowners worldwide. However, a recent study conducted by researchers at Northern Michigan University discovered a possible...more

MG+M The Law Firm

Proposed Carve-Out Permits Settling Litigants to Recover Costs of PFAS Cleanup in New York

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New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

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As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

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On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Adams and Reese LLP

A New Legacy for Legacy Litigation: Louisiana Supreme Court Limits Recovery in Act 312 Remediation Suits

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On June 1, 2022, the Louisiana Supreme Court issued a significant ruling in the legacy litigation arena, settling once and for all the issue of what damages are available to landowners in oil and gas remediation lawsuits...more

Barnea Jaffa Lande & Co.

Israeli Environmental Protection Ministry Takes Major Step to Ensure Environmental Rehabilitation per Polluter Pays Principle

The Knesset Finance Committee, headed by MK Alex Kushnir (Yisrael Beitenu), recently approved a mechanism for compensation for the rehabilitation of industrial waste damages caused by Rotem Amfert (of the ICL Group). The...more

Bennett Jones LLP

New Policies May Drive Increased Use of In-Situ Remediation Technology

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The Alberta Energy Regulator introduced the proposed Manual XXX: Contamination Management on July 7, 2021. This manual is intended to assist companies in understanding the requirements and expectations under the Remediation...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Cole Schotz

COVID-19 Alert – NYSDEC Guidance On “Essential” Remediation And Brownfields Cleanup Activities

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The regulated community received some clarity from the New York State Department of Environmental Conservation (NYSDEC) this week on whether activities to respond to, investigate, and remediate contamination are “essential”...more

Fox Rothschild LLP

Force Majeure Under Environmental Cleanup Agreements And Orders

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Many businesses that are considered non-essential have been ordered to suspend operations during the coronavirus pandemic. As a result, planned work at remediation sites may not be able to proceed on schedule. Work may...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards: Background Concentration Edition

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”).  These proposed amendments, often referred to as “Wave 2,” will...more

Pullman & Comley, LLC

Connecticut DEEP Seeks to Overhaul Remediation Standards – Expansion of LEP Approval Authority, Part I: Soil Contamination

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Blank Rome LLP

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

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Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

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